Notice2022-11389
Submission for OMB Review; Certain Federal Acquisition Regulation Part 32 Requirements
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 27, 2022
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation part 32 requirements.
Full Text
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<title>Federal Register, Volume 87 Issue 103 (Friday, May 27, 2022)</title>
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[Federal Register Volume 87, Number 103 (Friday, May 27, 2022)]
[Notices]
[Pages 32166-32168]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11389]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0073; Docket 2022-0053; Sequence 9]
Submission for OMB Review; Certain Federal Acquisition Regulation
Part 32 Requirements
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice.
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SUMMARY: Under the provisions of the Paperwork Reduction Act, the
Regulatory Secretariat Division has submitted to the Office of
Management and Budget (OMB) a request to review and approve a revision
of a previously approved information collection requirement regarding
certain Federal Acquisition Regulation part 32 requirements.
DATES: Submit comments on or before June 27, 2022.
ADDRESSES: Written comments and recommendations for this information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function.
Additionally, submit a copy to GSA through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the instructions on the site. This
website provides the ability to type short comments directly into the
comment field or attach a file for lengthier comments.
Instructions: All items submitted must cite OMB Control No. 9000-
0073, Certain Federal Acquisition Regulation Part 32 Requirements.
Comments received generally will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal and/or business
confidential information provided. To confirm receipt of your
comment(s), please check <a href="http://www.regulations.gov">www.regulations.gov</a>, approximately two-to-
three days after submission to verify posting. If there are
difficulties submitting comments, contact the GSA Regulatory
Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#b4f3e7f5e6d1d3e7d1d7f4d3c7d59ad3dbc2"><span class="__cf_email__" data-cfemail="c681958794a3a195a3a586a1b5a7e8a1a9b0">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst,
at telephone 202-969-7207, or <a href="/cdn-cgi/l/email-protection#1f657a717e767b7e317b7a73787e7b705f786c7e31787069"><span class="__cf_email__" data-cfemail="ccb6a9a2ada5a8ade2a8a9a0abada8a38cabbfade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. OMB Control Number, Title, and Any Associated Form(s)
9000-0073, Certain Federal Acquisition Regulation Part 32 Requirements
B. Needs and Uses
DoD, GSA, and NASA are combining OMB Control Nos. for the Federal
Acquisition Regulation (FAR) by FAR part. This consolidation is
expected to improve industry's ability to easily and efficiently
identify burdens associated with a given FAR part. The review of the
information collections by FAR part allows improved oversight to ensure
there is no redundant or unaccounted for burden placed on industry.
Lastly, combining information collections in a given FAR part is also
expected to reduce the administrative burden associated with processing
multiple information collections.
This justification supports the revision of OMB Control No. 9000-
0073 and combines it with the previously approved information
collections under OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and
9000-0144, with the new title ``Certain Federal Acquisition Regulation
Part 32 Requirements''. Upon approval of this consolidated information
collection, OMB Control Nos. 9000-0070, 9000-0074, 9000-0102, and 9000-
0144 will be discontinued. The burden requirements previously approved
under the discontinued numbers will be covered under OMB Control No.
9000-0073.
This clearance covers the information that offerors, contractors,
or both must submit to comply with the following FAR requirements:
FAR 32.408, Application for Advance Payments. In accordance with
FAR 32.408(b), contractors requesting advance payments must submit
their request in writing to the contracting officer and provide the
following information:
[cir] A reference to the contract if the request concerns an
existing contract, or a reference to the solicitation if the request
concerns a proposed contract.
[cir] A cash flow forecast showing estimated disbursements and
receipts for the period of contract performance.
[cir] The proposed total amount of advance payments.
[cir] The name and address of the financial institution at which
the contractor expects to establish a special account as depository for
the advance payments.
[cir] A description of the contractor's efforts to obtain
unguaranteed private financing or a V-loan under eligible contracts.
[cir] Other information appropriate to an understanding of
[ssquf] the contractor's financial condition and need,
[ssquf] the contractor's ability to perform the contract without
loss to the Government, and
[ssquf] financial safeguards needed to protect the Government's
interest.
The information is used to determine if advance payments should be
provided to the contractor.
FAR 52.232-1 through 52.232-4, 52.232-6, 52.232-7, and 52.232-10--
Payments. The following FAR clauses require the contractor to (as
appropriate to the payment terms specified in the contract) provide a
proper invoice or voucher. The information is used to determine the
proper amount of payments to Federal contractors.
[cir] 52.232-1, Payments.
[cir] 52.232-2, Payments under Fixed-Price Research and Development
Contracts.
[cir] 52.232-3, Payments under Personal Services Contracts.
[cir] 52.232-4, Payments under Transportation Contracts and
Transportation-Related Services Contracts.
[[Page 32167]]
[cir] 52.232-6, Payment under Communication Service Contracts with
Common Carriers.
[cir] 52.232-7, Payments under Time-and-Materials and Labor-Hour
Contracts.
[cir] 52.232-10, Payments under Fixed-Price Architect-Engineer
Contracts.
``Proper invoice'' is defined in FAR part 2 as an invoice that
meets the minimum standards specified in FAR 32.905(b), which include
the following items:
[cir] Name and address of the contractor.
[cir] Invoice date and invoice number.
[cir] Contract number or other authorization for supplies delivered
or services performed (including order number and line item number).
[cir] Description, quantity, unit of measure, unit price, and
extended price of supplies delivered or services performed.
[cir] Shipping and payment terms.
[cir] Name and address of contractor official to whom payment is to
be sent.
[cir] Name (where practicable), title, phone number, and mailing
address of person to notify in the event of a defective invoice.
[cir] Taxpayer Identification Number (TIN) if required by agency
procedures.
[cir] Electronic funds transfer (EFT) banking information if
required by agency procedures.
[cir] Any other information or documentation required by the
contract (e.g., evidence of shipment).
FAR 52.232-5, Payments under Fixed-Price Construction Contracts.
This clause requires the contractor's request for progress payments to
include the following substantiation:
[cir] An itemization of the amounts requested, related to the
various elements of work required by the contract covered by the
payment requested.
[cir] A listing of the amount included for work performed by each
subcontractor under the contract.
[cir] A listing of the total amount of each subcontract under the
contract.
[cir] A listing of the amounts previously paid to each such
subcontractor under the contract.
[cir] Additional supporting data in a form and detail required by
the contracting officer.
Paragraph (c) of FAR clause 52.232-5 requires contractors to
provide a certification with each request for progress payment
certifying that--
[cir] The amounts requested are only for performance in accordance
with the specifications, terms, and conditions of the contract;
[cir] All payments due to subcontractors and suppliers from
previous payments received under the contract have been made, and
timely payments will be made from the proceeds of the payment covered
by the certification;
[cir] The request for progress payment does not include any amounts
which the prime contractor intends to withhold or retain from a
subcontractor or supplier in accordance with the terms and conditions
of the subcontract; and
[cir] The certification is not to be construed as final acceptance
of a subcontractor's performance.
Paragraph (d) of FAR clause 52.232-5 requires contractors to notify
contracting officers, if the contractor, after making a certified
request for progress payments, discovers that a portion or all of the
request constitutes a payment for performance by the contractor that
fails to conform to the specifications, terms, and conditions of the
contract. Contractors must notify the contracting officer that the
performance deficiency has been corrected.
The information is used to determine the proper amount of payments
to Federal contractors for construction contracts.
FAR 52.232-12, Advance Payments. If advance payments are
authorized, this clause requires contractors to submit the following:
[cir] Per paragraph (g)--The financial institution agreement, in
the form prescribed by the administering office, establishing the
special account, and clearly setting forth the special character of the
account and the responsibilities of the financial institution under the
account.
[cir] Per paragraph (i)(3)--Notification of a lien in favor of the
Government to a third person receiving any items or materials on which
the Government has a lien, and a receipt from that third person
acknowledging the existence of the lien. Contractors are also required
to provide a copy of each receipt to the contracting officer.
[cir] Per paragraph (m)--(1) Monthly, signed or certified balance
sheets and profit and loss statements together with a report on the
operation of the special account in the form prescribed by the
administering office; and (2) If requested, other information
concerning the operation of the contractor's business. (This same
requirement is at paragraph (j) of the clause with its Alternate V.)
If advance payments are authorized, the information is used to
ensure proper procedures are followed to protect the Government's
interest.
FAR 52.232-20 and 52.232-22--Limitation of Costs or Funds. FAR
clause 52.232-20, Limitation of Cost, requires the contractor to notify
the contracting officer in writing whenever it has reason to believe
that--
[cir] The costs the contractors expect to incur under the contract
in the next 60 days, when added to all costs previously incurred, will
exceed 75 percent of the estimated cost of the contracts; or
[cir] The total cost for the performance of the contract will be
greater or substantially less than estimated.
As part of the notification, the contractor must provide a revised
estimate of the total cost of performing the contract.
FAR clause 52.232-22, Limitation of Funds, requires the contractor
to notify the contracting officer in writing whenever it has reason to
believe that the costs it expects to incur under the contract in the
next 60 days, when added to all costs previously incurred, will exceed
75 percent of (1) the total amount so far allotted to the contract by
the Government or, (2) if this is a cost-sharing contract, the amount
then allotted to the contract by the Government plus the contractor's
corresponding share. The notice must state the estimated amount of
additional funds required to continue performance for the contract
period. Sixty days before the end of the contract period, the
contractor must notify the contracting officer in writing of the
estimated amount of additional funds, if any, required to continue
performance under the contract, and when the funds will be required.
The information is used to avoid cost overruns and to ensure that
funding is available to complete work under Federal contracts.
FAR 52.232-27, Prompt Payment for Construction Contracts. Paragraph
(a)(6)(ii) of FAR clause 52.232-27 requires contractors making a
written demand to the designated payment office for additional penalty
payment to support their demand with the following data:
<bullet> Specifically assert that late payment interest is due
under a specific invoice, and request payment of all overdue late
payment interest penalty and such additional penalty as may be
required;
<bullet> Attach a copy of the invoice on which the unpaid late
payment interest was due; and
<bullet> State that payment of the principal has been received,
including the date of receipt.
Paragraph (e)(5) of FAR clause 52.232-27 requires contractors to
notify contracting officers upon--
<bullet> Reduction of the amount of any subsequent certified
application for payment; or
<bullet> Payment to the subcontractor of any withheld amounts of a
progress
[[Page 32168]]
payment, specifying: The amounts withheld; and the dates that the
withholding began and ended.
Paragraph (g) of FAR clause 52.232-27 requires contractors to issue
a written notice of any withholding to a subcontractor (with copy to
the contracting officer), specifying--
<bullet> The amount to be withheld;
<bullet> The specific causes for the withholding under the terms of
the subcontract; and
<bullet> The remedial actions to be taken by the subcontractor in
order to receive payment of the amounts withheld.
Paragraph (l) of FAR clause 52.232-27 requires contractors to remit
overpayments to the payment office cited in the contract along with a
description that includes the following:
<bullet> Circumstances of the overpayment (e.g., duplicate payment,
erroneous payment, liquidation errors, date(s) of overpayment);
<bullet> Affected contract number and delivery order number if
applicable;
<bullet> Affected line item or subline item, if applicable; and
<bullet> Contractor point of contact.
Contractors are required to provide a copy of the remittance and
supporting documentation to the contracting officer.
The information is used to understand when the contractor withholds
amounts from subcontractors and suppliers after the Government has
already paid the contractor the amounts withheld.
FAR 52.232-34, Payment by Electronic Funds Transfer--Other than
System for Award Management. This clause requires contractors to
provide the following information to enable the Government to make
payments under the contract by EFT:
[cir] The contract number (or other procurement identification
number).
[cir] The contractor's name and remittance address.
[cir] The signature, title, and telephone number of the contractor
official authorized to provide this information.
[cir] The name, address, and 9-digit Routing Transit Number of the
contractor's financial agent.
[cir] The contractor's account number and the type of account.
[cir] If applicable, the Fedwire Transfer System telegraphic
abbreviation of the contractor's financial agent.
[cir] If applicable, the contractor must provide the name, address,
telegraphic abbreviation, and 9-digit Routing Transit Number of the
correspondent financial institution receiving the wire transfer payment
if the contractor's financial agent is not directly on-line to the
Fedwire Transfer System.
The burden to provide the information required by the FAR clause at
52.232-33, Payment by Electronic Funds Transfer--System for Award
Management, is covered by OMB Control Number 9000-0189, Certain Federal
Acquisition Regulation Part 4 Requirements. OMB Control Number 9000-
0189 accounts for new registrations and renewals in the System for
Award Management, which includes providing the EFT information.
The information is used to enable the Government to make contract
payments by EFT.
C. Annual Burden
Respondents: 275,319.
Total Annual Responses: 1,817,432.
Total Burden Hours: 471,947.
D. Public Comment
A 60-day notice was published in the Federal Register at 87 FR
1599, on March 21, 2022. Two comments were received; however, they did
not change the estimate of the burden.
Comments: One of the comments is not related to the information
collection. The other comment is a vendor's presentation of their
products and services regarding payment solutions.
Response: The commenters did not express an opinion on whether the
estimated number of burden hours is accurate; or ways to minimize the
burden of the collection of information. The information collection
revision does not reflect any changes to the FAR requirements.
Adjustments are made to the public and Government burden estimates
based on the most recent data available.
Obtaining Copies: Requesters may obtain a copy of the information
collection documents from the GSA Regulatory Secretariat Division, by
calling 202-501-4755 or emailing <a href="/cdn-cgi/l/email-protection#c98e9a889bacae9aacaa89aebaa8e7aea6bf"><span class="__cf_email__" data-cfemail="763125372413112513153611051758111900">[email protected]</span></a>. Please cite OMB
Control No. 9000-0073, Certain Federal Acquisition Regulation Part 32
Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide
Acquisition Policy, Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2022-11389 Filed 5-26-22; 8:45 am]
BILLING CODE 6820-EP-P
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